Saturday, May 07, 2016

Illinois Parents Sue Obama: Indecency in Schools

Attorneys representing 73 parents and 63 students in suburban Chicago filed a lawsuit this week against the Obama Administration and the largest high school district in Illinois for colluding to invade the privacy of students in the girls restrooms and locker rooms using new unlawful "transgender rights" edicts.

“It’s important to recognize that there’s a lagging legal framework in the face of rapidly changing social norms. Our understanding of gender identity is changing, and the law hasn’t kept up.”-- Francisco Negrón, National School Boards Association General Counsel"No school should impose a policy like this against the will of so many parents.”-- Vicki Wilson, Illinois parent and co-founder of Students and Parents for Privacy (lead plaintiff)“Allowing boys into girls’ locker rooms, a setting where girls are often partially or fully unclothed, is a blatant violation of student privacy. The school district should rescind its privacy-violating policies, and the court should order the Department of Education to stop bullying school districts with falsehoods about what federal law requires.”-- Jeremy Tedesco, Senior Counsel, Alliance Defending Freedom“To impose such a rule on still-developing teenage girls, as they’re already struggling with puberty’s changes on their bodies and social pressures to look a certain way, undermines their dignity and tells them that their rights don’t matter. This isn’t a message our schools should be sending to our girls.”-- Jocelyn Floyd, Attorney, Thomas More Society

Lawyers for Alliance Defending Freedom and Thomas More Society, two conservative groups, filed the 77-page suit Wednesday in U.S. District Court in Chicago on behalf of 51 families with links to Palatine-based Township High School District 211. It names the district and the U.S. Department of Education as defendants.

The battle for access to girls' facilities at William Fremd High School by the transgender student — who was born male but identifies as female — helped spark a national debate last year that has since spread to other districts.

The [new transgender] policy, [the lawsuit] says, causes other girls fear and embarrassment. It adds: They are "afraid they will have to see a male in a state of undress," which, for some, is a "distraction throughout the school day." One girl's anxiety led her to wear gym clothes under her street clothes so she can peel just the outer clothes off in the locker.

A group of Illinois students and parents sued the Obama administration Wednesday over its stance on transgender students’ access to school bathrooms and locker rooms, arguing that the U.S. Education Department is illegally forcing local authorities to let children use facilities that correspond to their gender identity.

The complaint alleges that the federal government has violated students’ fundamental right to privacy and parents’ constitutional right to instill moral standards and values in their children.

The lawsuit represents the first legal challenge to the Obama administration’s interpretation of Title IX, a federal anti-discrimination law, as providing transgender students with the right to use the bathroom that matches their gender identity instead of their biological sex.

Palatine officials — facing the loss of $6 million in federal funding — ultimately decided to allow a transgender student to change in the girls locker room instead of sending her down the hall to a separate facility.

Students and Parents for Privacy and three female students sued the U.S. Department of Education, Secretary of Education John King, the Department of Justice, Attorney General Loretta Lynch, Cook County, Ill., and the directors of Township High School District 211 in Illinois Federal Court on Wednesday.

"This is a civil rights action to stop the Department of Education and Township High School District 211 from continuing to trample students' privacy and other constitutional and statutory rights by forcing 14- to 17-year-old girls to use locker rooms and restrooms with biological males; and to set aside DOE's ultra vires legislative rule redefining 'sex' in Title IX to include gender identity," the 83-page complaint begins.

"This creates an intimidating and hostile environment for the girl members of Students and Parents for Privacy, some of whom are as young as 14, because Student A - who is biologically a male - actively uses their private facilities at the same times as plaintiffs," the complaint states. "As a direct result of defendants' policies and actions, every day these girls go to school, they experience embarrassment, humiliation, anxiety, fear, apprehension, stress, degradation, and loss of dignity because they will have to use the locker room and restroom with a biological male."

The District 211 transgender student, who has not been identified publicly, initially filed a complaint with the Department of Education's Office for Civil Rights alleging that the district discriminated against [Student A] when it denied [him] access to the girls locker room. The district had previously allowed the student to use the girls restroom.

In an unprecedented decision, federal education authorities found that the district had violated Title IX. The district risked losing millions of federal dollars and a possible lawsuit by the federal government if it failed to reach a resolution. In a controversial decision, the district agreed in December to allow the student locker room access and installed privacy stalls. Proponents of the settlement heralded it as a civil rights victory.

The religious liberty group Thomas More Society also is representing the plaintiffs in the lawsuit, which seeks to keep the district from enforcing the locker room agreement and restroom policy and to bar the Department of Education from taking action against the district. The plaintiffs also argue in the suit that the locker room agreement prevents students from practicing the modesty that their faith requires of them.

The lawsuit, Students and Parents for Privacy v. United States Department of Education, seeks an injunction against District 211. Headquartered in Palatine, it serves nearly 12,500 students from Palatine, Hoffman Estates, Inverness, Schaumburg and parts of seven other northwest suburbs in five high schools and two alternative high schools.

It also asks the court to declare the policy and the district’s agreement with the Department of Education unconstitutional and illegal under both federal and Illinois law, and to have the court invalidate the department’s interpretation of Title IX’s sex discrimination provisions.

District 211 Supt. Dan Cates said Wednesday that the district affirms and supports the identity of all its students and will stand by the highly publicized agreement it reached last December with the department’s Office for Civil Rights. . . .

“We have implemented the agreement without any reports of incident or issue,” Cates said. “Our students have shown acceptance, support and respect of each other. Individual changing stalls in our locker rooms are readily available to every student and further accommodations that provide even greater privacy remain available upon request.”

The divisive and politically combustible issue of bathroom access for transgender individuals is about to become further inflamed, as the Obama administration is expected in coming weeks to aggressively reinforce its position that transgender student rights are fully protected under federal law, sources told POLITICO.

With the Justice Department already locking horns with North Carolina over the state’s so-called bathroom bill, the administration plans to reaffirm its view that robust protections for transgender students are within the existing scope of Title IX, a federal law that prohibits sex-based discrimination in federally funded education programs and activities. Multiple agencies are expected to be involved.

New guidance on Title IX represents a natural outgrowth of the administration’s aggressive agenda on gender equity and civil rights. In April 2014, guidance issued by the Education Department on sexual violence explicitly mentioned that transgender students are protected under Title IX. LGBT advocates saw it as an important moment for the transgender community, but have wanted the administration to go even further in clarifying the law.